Lahore HC seeks details of Toshakhana gifts obtained by politicians & bureaucrats since Pakistan's founding

A top court here on Monday directed the federal government to submit details of Toshakhana gifts received by politicians and bureaucrats from foreign dignitaries since the creation of Pakistan in 1947 by January 16.

The Toshakhana department of the Pakistan government became prominent after the controversy around former prime minister Imran Khan who allegedly sold the state depository gifts valued at around Rs 108 million for Rs 21.5 million.

The direction came as Justice Asim Hafeez of the Lahore High Court took up a plea seeking court orders for making public the details of Toshkhana (state depository) gifts, as well as information about persons/officials who have obtained the assets after making a payment.

Established in 1974, the Tosha­khana is a department under the administrative control of the cabinet division and stores precious gifts given to rulers, parliamentarians, bureaucrats, and officials by heads of other governments and states and foreign dignitaries.

According to Toshakhana rules, gifts and other such materials received by persons to whom these rules apply shall be reported to the cabinet division.

During Monday's hearing, the government's lawyer, Sheraz Zaka, contended that details related to Toshakhana were classified and could not be made public.

The court then enquired how the details could not be disclosed.

"Submit the details to the court and the court will decide whether or not they are classified," the judge directed, seeking a report from the federal government by January 16.

Pervez Khattak, a top leader from Khan's Pakistan Tehreek-e-Insaf (PTI) party, after the hearing, tweeted that the high court had sought the entire record of Toshakhana gifts and said: "What's there to hide in it? Why different standards for yourself?" The plea seeking the details, filed by lawyer Munir Ahmad last week, suggested that the ''right to information is an integral part of a progressive democratic state and the same has been elaborated by the superior courts saying the right to information in all matters of public importance is indisputably a fundamental right guaranteed under Article(s) 19 and 19-A of the Constitution".

According to the petitioner, people at large were entitled to know the details of every public transaction and acquire information on all matters of public importance.

The plea urged the court to order the respondents to make public the details of assets gifted to rulers as well as bureaucrats and also provide the names, documentation, and materials in respect of the persons/officials who have obtained the assets by making the payment.

The petitioner also sought details of the methodology used to determine the price of the Toshakhana articles.

The Ministries of Parliamentary Affairs and Interior and the Pakistan Information Commission have been arrayed as respondents in the petition.

Criminal proceedings were initiated last month against 70-year-old Khan for "not sharing details" of Toshakhana gifts and proceeds from their alleged sale and his eventual disqualification for making "false statements and incorrect declaration".

The cricketer-turned-politician purchased from the Toshakhan an expensive Graff wristwatch from the Saudi royals which he received during a visit in 2018 as well as several other gifts and sold them in Dubai for profit.

He was later disqualified by the Election Commission of Pakistan (ECP) from the National Assembly for not revealing the proceeds of the sale in his annual wealth statement provided to the commission.

Khan was ousted from power in April after losing a no-confidence vote in his leadership, which he alleged was part of a US-led conspiracy targeting him because of his independent foreign policy decisions on Russia, China, and Afghanistan.